A.W. BY & THROUGH N.W. v. NORTHWEST R-1 SCH. DIST.

No. 86-1541.

813 F.2d 158 (1987)

A.W., a minor By and Through his Father and Next Friend, N.W.; N.W. and S.W., Appellants, v. NORTHWEST R-1 SCHOOL DISTRICT; John Gibson, in his capacity as Acting Superintendent of the Northwest R-1 School District; The Department of Elementary and Secondary Education; State Board of Education; and Arthur Mallory in his capacity as Commissioner of the Department of Elementary and Secondary Education, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1987.

Rehearing and Rehearing Denied April 8, 1987.


Attorney(s) appearing for the Case

Ann B. Lever, St. Louis, Mo., for appellants.

Louis Jerry Weber, Hillsboro, Mo., and Margaret K. Landwehr, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

Before JOHN R. GIBSON, FAGG, and MAGILL, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 8, 1987.

JOHN R. GIBSON, Circuit Judge.

This appeal requires us to interpret the mainstreaming provisions of the Education of All Handicapped Children Act, 20 U.S.C. §§ 1401-1461 (1982) ("the Act"). A.W., a handicapped child, and his parents appeal the judgment of the district court1 denying their request for declaratory and injunctive

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